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AB-2556 Home care organizations.(2013-2014)

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CALIFORNIA LEGISLATURE— 2013–2014 REGULAR SESSION

Assembly Bill No. 2556


Introduced by Assembly Members Chau and Lowenthal

February 21, 2014


An act to amend Sections 1796.38, 1796.45, 1796.47, 1796.48, 1796.49, 1796.61, and 1796.63 of the Health and Safety Code, relating to home care organizations.


LEGISLATIVE COUNSEL'S DIGEST


AB 2556, as introduced, Chau. Home care organizations.
Existing law, the Home Care Services Consumer Protection Act, provides, on and after January 1, 2015, for the licensure and regulation of home care organizations by the State Department of Social Services and the registration of home care aides. Existing law creates the Home Care Fund to fund the administration of the act, which consists of all licensure and registration fees authorized by the act.
This bill would delay implementation of the this act until January 1, 2016.
Existing law requires that the department post proposed rules promulgated under the act on its Internet Web site no earlier than 10 calendar days prior to the effective date of the proposed rule.
This bill would require that the proposed rules be posted on the department’s Internet Web site no later than 90 calendar days prior to the rule’s effective date.
Existing law prohibits the cost to check criminal offender records from being used to subsidize the department checking the criminal history of other persons who are not charged a fee.
This bill would remove this prohibition.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 1796.38 of the Health and Safety Code is amended to read:

1796.38.
 The department may issue a home care organization license to an individual or other entity that satisfies all of the requirements set forth in this chapter, including all of the following:
(a) Files a home care organization application, including the fees required pursuant to Section 1796.49.
(b) Submits proof of general and professional liability insurance in the amount of at least one million dollars ($1,000,000) per occurrence and three million dollars ($3,000,000) in the aggregate.
(c) Submits proof of a valid workers’ compensation policy covering its affiliated home care aides. The proof shall consist of the policy number, the effective and expiration dates of the policy, and the name and address of the policy carrier.
(d) Provides the department, upon request, with a complete list of its affiliated home care aides, and proof that each satisfies the requirements of Section 1796.43. 1796.34.
(e) The owner or owners of the home care organization pass a background examination, as required pursuant to Section 1796.34.
(f) The applicant does not have any outstanding fees or civil penalties due to the department.

SEC. 2.

 Section 1796.45 of the Health and Safety Code is amended to read:

1796.45.
 (a) An individual hired to be an affiliated home care aide on or after January 1, 2015, 2016, shall be submitted submit to an examination 90 days prior to employment or within seven days after employment to determine that the individual is free of active tuberculosis disease.
(b) For purposes of this section, “examination” means a test for tuberculosis infection that is recommended by the federal Centers for Disease Control and Prevention (CDC) and that is licensed by the federal Food and Drug Administration (FDA) and, if that test is positive, an X-ray of the lungs. The aide shall not work as an affiliated home care aide unless he or she obtains documentation from a licensed medical professional that there is no risk of spreading the disease.
(c) An affiliated home care aide whose employment with a home care organization began before January 1, 2015, 2016, shall submit to the examination described in subdivision (a) before July 1, 2015. 2016.
(d) After submitting to an examination, an affiliated home care aide whose test for tuberculosis infection is negative shall be required to undergo an examination at least once every two years. Once an affiliated home care aide has a documented positive test for tuberculosis infection that has been followed by an X-ray, the examination is no longer required.
(e) After the examination, an affiliated home care aide shall submit, and the home care organization shall keep on file, a certificate from the examining practitioner showing that the affiliated home care aide was examined and found free from active tuberculosis disease.
(f) The examination is a condition of initial and continuing employment with the home care organization. The affiliated home care aide shall pay the cost of the examination.
(g) An affiliated home care aide who transfers employment from one home care organization to another shall be deemed to meet the requirements of subdivision (a) or (c) if the affiliated home care aide can produce a certificate showing that he or she submitted to the examination within the past two years and was found to be free of active tuberculosis disease, or if it is verified by the home care organization previously employing him or her that it has a certificate on file that contains that showing.

SEC. 3.

 Section 1796.47 of the Health and Safety Code is amended to read:

1796.47.
 (a) (1) Administration of this program shall be fully supported by fees and not civil penalties. Initial costs to implement this chapter may be provided through a General Fund loan that is to be repaid in accordance with a schedule provided by the Department of Finance. The department shall assess fees for home care organization licensure, and home care aide registration related to activities authorized by this chapter. The department may adjust fees as necessary to fully support the administration of this chapter. Except for General Fund moneys that are otherwise transferred or appropriated for the initial costs of administering this chapter, or penalties collected pursuant to this chapter that are appropriated by the Legislature for the purposes of this chapter, no General Fund moneys shall be used for any purpose under this chapter.
(2) A portion of moneys collected in the administration of this chapter, as designated by the department, may be used for community outreach consistent with this chapter.
(b) The Home Care Fund is hereby created within the State Treasury for the purpose of this chapter. All licensure and registration fees authorized by this chapter section shall be deposited into the Home Care Fund. Moneys in this fund shall, upon appropriation by the Legislature, be made available to the department for purposes of administering this chapter.

SEC. 4.

 Section 1796.48 of the Health and Safety Code is amended to read:

1796.48.
 (a) The department may charge an application and renewal fee to become a registered home care aide and to renew a registered home care aide’s registration.
(b) The maximum fee shall not exceed the total actual costs, which include, but are not limited to, of all of the following:
(1) The searches for criminal offender records performed by the Department of Justice. The cost to check the criminal offender records shall not subsidize the cost to check the criminal history of other persons by the department who are not charged a fee by the Department of Justice.
(2) The cost incurred by the Department of Justice for the searches of the records of the Federal Bureau of Investigation.
(3) The cost to the department to process the applications and maintain the home care aide registry and perform the duties required by this chapter and any rules and regulations promulgated under this chapter.
(c) The fees collected shall be deposited into the Home Care Fund pursuant to subdivision (b) of Section 1796.47, with the exception of fingerprint fees collected pursuant to Section 1796.23, which shall be deposited into the Fingerprint Fees Account described in Section 11105 of the Penal Code.

SEC. 5.

 Section 1796.49 of the Health and Safety Code is amended to read:

1796.49.
 (a) A home care organization licensee shall pay the following fees:
(1) A 24-month initial license fee, as prescribed by the department, for a new home care organization licensee not currently licensed to provide home care services in the state.
(2) Two-year renewal fee, as determined by the department, based on the number of full-time equivalents (FTEs), including paid personnel or contractors needed to oversee the enforcement of this chapter.
(3) Other reasonable fees as prescribed by the department necessary for the administration of this chapter.
(b) The fees collected pursuant to this section shall be deposited into the Home Care Fund pursuant to subdivision (b) of Section 1796.47.

SEC. 6.

 Section 1796.61 of the Health and Safety Code is amended to read:

1796.61.
 This chapter shall become operative on January 1, 2015. 2016.

SEC. 7.

 Section 1796.63 of the Health and Safety Code is amended to read:

1796.63.
 The department shall adopt, amend, or repeal, in accordance with Chapter 3.5 (commencing with Section 11340) of the Government Code, any reasonable rules, regulations, and standards as may be necessary or proper to carry out the purpose and intent of this chapter and to enable the department to exercise the powers and perform the duties conferred upon it by this chapter, not inconsistent with any of the provisions of any statute of this state. Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement and administer this chapter through written directives, without taking regulatory action, subject to the limitations provided in subdivision (b).
(a) The department shall post any proposed rules promulgated under this section on its public Internet Web site no earlier later than 10 90 calendar days prior to the effective date of the proposed rule, which shall also include notification to the public regarding how members of the public may comment, including the date on which those comment must be received in order to be considered by the department.
(b) The department’s authority to implement and administer this section through written directives shall expire no later than 12 months after the written directives are promulgated and posted on a public Internet Web site, or upon the effective date of regulations promulgated in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), whichever occurs sooner.